People v. Gamboa

[589]

FOURT, J.

This is an. appeal from an order denying defendant’s petition for writ of error

coram nobis.

This case commenced with a filing of an information by the district attorney of Los Angeles County charging the defendant Gamboa and two other defendants with violation of section 11500 of the Health and Safety Code and alleging that the defendants, on the 8th day of November, 1954, had in their possession a preparation of heroin. A prior felony conviction and service of a term of imprisonment therefor was alleged as to Gamboa, namely, conviction of grand theft. A prior narcotic conviction was charged as to the codefendant Casarez.

The defendants were represented by counsel and were duly arraigned and made a motion under section 995 of the Penal Code, which motion was denied as to Gamboa. A codefendant, Tercero, entered a plea of guilt at such time. Defendants Gamboa and Casarez entered pleas of not guilty and denied the prior convictions alleged. The matter proceeded to trial, the People’s case being submitted on the preliminary transcript, and the trial court adjudged each defendant guilty and found the prior convictions true.

Gamboa’s application for probation was denied and he was sentenced to the state prison for the term prescribed by law. It was ordered that the sentence run concurrently with any time owing on parole. Judgment was entered March 24, 1955. No appeal was taken from the judgment.

On or about August 22, 1955, there was filed in the superior court a document entitled “Petition for writ of error

coram nobis,

writ of habeas corpus, recall of remittitur and for the order to show cause why the writ or writs should not be granted. ’ ’

In his petition the defendant Gamboa alleged that he was illegally charged with joint possession of narcotics and that the defendant’s constitutional guarantees were violated when the officer entered and searched him and codefendants without a warrant. The petition for writ of error

coram nobis